LL# 10-2006LOCAL LAW NO. 10 OF THE YEAR 2006
A Local Law entitled "Local Law No. 10 of the Year 2006, Creating Chapter 85 of the
Town Code, Uniform and Energy Codes, repealing Chapter 24 of the Town Code and amending
Section 122-20 (B) of the Town of Wappinger Code".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title
This Local Law shall be known and cited as Town of Wappinger Local Law No. 10 of
2006 entitled "Local Law No. 10 of the Year 2006, Creating Chapter 85 of the Town Code,
Uniform and Energy Codes, repealing Chapter 24 of the Town Code". This Local Law No. 10 of
the Year 2006 hereby establishes and creates Chapter 85 "Uniform and Energy Codes" of the
Code of the Town of Wappinger, and amends Section 122-20 (B) of the Town of Wappinger
Code.
Section -II: Creation of Chapter 85: "UNIFORM AND ENERGY CODE"
Chapter 85 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 85
UNIFORM AND ENERGY CODE
§ 85-1: LEGISLATIVE INTENT AND PURPOSE.
(A) This Local Law shall confirm and provide for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code, found at Title 19 NYCRR
Chapter XXXIII, Subchapter A (hereinafter referred to as "Uniform Code") and NYS
Energy Conservation Construction Code found at Title 19 NYCRR Chapter XXXIII,
Subchapter B (hereinafter referred to as "Energy Code") in the Town of Wappinger
pursuant to Executive Law §§381 and 382-a. This Local Law is adopted pursuant to
Section 10 of Article 2 of the Municipal Home Rule Law and incorporates the minimum
features of a program for administration and enforcement of the Uniform Code as
required by 19 NYCRR 1203.3.
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(B) Except as otherwise provided within this law, State law, or within the Uniform Code
and/or Energy Code, all premises regardless of use, are subject to the provisions which
follow.
(C) The Town Board of the Town of Wappinger acknowledges that there have been several
amendments to the Uniform Code and Energy Code since the Town's adoption of the
ordinance for administering and enforcing the State Building Code and the adoption of
Chapter 24 of the Code of the Town of Wappinger entitled "FIRE PREVENTION
BUREAU". The Town Board has determined that it is in the best interest of the citizens
of the Town of Wappinger to adopt a Local law to ensure the proper administration and
enforcement of the Uniform Code and the Energy Code.
(D) It is also the intention of the Town Board to supersede and repeal Chapter 24 of the Code
of the Town of Wappinger entitled "FIRE PREVENTION BUREAU" as well as the
Ordinance for Administering and Enforcing the State Building Code originally adopted
May 12, 1960, and amended from time to time thereafter, and to incorporate the pertinent
provisions thereof into this Chapter.
(E) This Local Law is intended to implement and confirm the provisions of the Uniform
Code and Energy Code in their entirety, set forth in Title 19 of the New York Code,
Rules and Regulations, Chapter XXXIII, Subchapters A and B and as hereafter amended
from time to time.
(F) The Town Board also recognizes that by adopting Chapter 85 herein, it must also amend
Chapter 22 §122-20 B. of the Town Code, which Section establishes fines for violations
of the Town Code. The amendments to §122-20 B. establishes the fines for violations of
this Chapter 85.
§ 85-2: INTERMUNICIPAL CONTRACTS.
(A) The Town Board may, by Resolution, authorize the Supervisor to enter into a contract
with other local governments to carry out the provisions of this Local Law.
§ 85-3: ADOPTION OF THE NYS UNIFORM FIRE PREVENTION AND BUILDING
CODE AND NYS ENERGY CONSERVATION CONSTRUCTION CODE.
(A)Pursuant to the authority set forth in the New York State Executive Law §§381 and
382-a, the Town of Wappinger hereby adopts and implements the amendments and
definitions contained in the Uniform Code and Energy Conservation Construction Code,
which shall supersede and replace all prior Town ordinances and local laws relating to the
administration and enforcement of all building, construction, and fire prevention codes
and/or ordinances adopted prior to the adoption of this local law. For the purposes of this
Local Law, the Uniform Code shall be deemed to include the New York State Building
Code, Fire Code, Residential Code, Property Maintenance Code, Mechanical Code,
Plumbing Code and Fuel Gas Code.
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§ 85-4: ENFORCEMENT OFFICERS, DUTIES AND POWERS.
(A) For the purposes of this Local Law, "Enforcement Officers" shall mean the Zoning
Administrator, Director of Code Enforcement, Fire Inspector and Code Enforcement
Officers.
(B) All Enforcement Officers shall possess background experience related to building
construction and/or fire prevention and shall, within the time constraints proscribed by
law, obtain such training as the State of New York shall require for Enforcement
Officers.
(C) In the absence of Enforcement Officer(s), or in the case of their inability to act for any
reason, the Town Supervisor shall have the power, with the consent of the Town Board,
to designate a qualified person(s) to act in behalf of the Enforcement Officer(s) and to
exercise all the powers conferred upon the Enforcement Officer(s) by this Local Law.
(D)All Enforcement Officers are hereby authorized and granted such powers necessary to
administer and enforce all of the provisions of the Uniform Code, Energy Code and the
provisions of this Local Law, including the authority and power to receive and review for
compliance Building Permit applications, plans and specifications for buildings and
structures, conduct inspections pursuant to building and structure site plans, issue permits
for the erection, alteration, relocation, addition, repair and/or demolition of buildings and
structures, issue Certificates of Occupancy and for Certificate of Compliance, collect fees
as set forth by the Town Board and maintain and file all records necessary for the proper
administration and enforcement of the Uniform Code, Energy Code and this Local Law.
All Enforcement Officers are authorized to pursue administrative actions and, when
necessary, consult with the Town Attorney to commence legal action as necessary to
abate conditions not in compliance with the New York State Uniform Fire Prevention and
Building Code, New York State Energy Conservation Construction Code, this Local
Law, or other laws, rules and regulations of the Town of Wappinger or of the State of
New York.
§ 85-5: BUILDING PERMIT.
(A) Building Permits Required:
(1) Except as hereinafter provided, no person, firm or corporation, association or
partnership shall commence the construction, enlargement, alteration,
improvement, removal, relocation or demolition of any building or structure, or
any portion thereof, or install a solid fuel burning heating appliance, chimney or
flue in any dwelling unit, without first having obtained a Building Permit.
(2) In non-residential districts, whenever there is a change in occupant of a building
or site, the new occupant must apply for a Change of Occupancy Permit and
receive a Certificate of Occupancy approving the change in occupancy.
(3) No building permit shall be required for:
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(a) necessary repairs which do not materially affect features;
(b) alterations to existing buildings, provided that the alterations:
(i) do not affect structural features;
(ii) do not affect fire safety features such as smoke detectors, sprinklers,
required fire separations and exits;
(iii) do not involve the installation, alteration or extension of electrical
systems or fire alarm systems; or
(iv) do not include the installation of fuel burning heating appliances and
associated chimneys and flues.
(c) a nonresidential farm building or structure used solely for agricultural
purposes.
(B) Application for a permit.
(1) The application for a Building Permit shall be accompanied by sufficient
documentation and shall contain sufficient information to permit a determination
that the intended work complies with the requirements of the Uniform Code and
Energy Code.
(2) The form of the permit and application shall be prescribed by the Enforcement
Officer. The application shall be signed by the owner (or his authorized agent) of
the property and shall contain at least the following:
(a) full name and address of the owner and if by a corporation, the name and
address of the responsible officials;
(b) identification and/or description of the land on which the work is to be done;
(c) description of use or occupancy of the land and existing or proposed building;
(d) description of the proposed work;
(e) two sets of plans and specifications for the proposed work;
(f) the required fee;
(g) consent of the property owner(s) to authorize required and/or necessary
inspections by the Enforcement Officers or their designees, including those
inspections prior to issuance of a Building Permit or any inspections deemed
necessary after issuance of a Temporary Certificate of Occupancy.
(3) The Enforcement Officer may waive the requirement of plans and specifications
when the work to be done involves minor alterations or is otherwise unnecessary.
(4) Applicant shall notify the Enforcement Officer of any changes in the information
contained in the application during the period for which the permit is in effect. A
Building Permit will be issued when the application has been determined to be
complete and when the proposed work has been determined to conform to the
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requirements of the Uniform Code. The authority conferred by such permit may
be limited by conditions, if any, contained therein. Amendments, if any, to the
application or to the plans and specifications accompanying the same shall be
filed with the Enforcement Officer and approval shall be received from the
Enforcement Officer prior to the commencement of such change of work.
(C) General Requirements.
(1) A Building Permit issued pursuant to this Local Law shall be prominently
displayed on the property or premises to which it pertains.
(2) A Building Permit issued pursuant to this Local Law may be suspended or
revoked if it is determined that the work to which it pertains is not proceeding in
conformance with the Uniform Code, Energy Code or any other Code, Rule or
Regulation of the Town of Wappinger pertaining to the construction or alteration
of any buildings, or with any condition attached to such permit, or of there has
been any misrepresentation or falsification of material fact in connection with the
application for the permit.
(3) A Building Permit issued pursuant to this Local Law shall expire one (1) year
from the date of issuance or upon the issuance of a Certificate of Occupancy
(other than a Temporary Certificate of Occupancy), whichever occurs first. The
Building Permit may, upon written request, be renewed for two successive six-
month periods, at the discretion of the Enforcement Officer, and upon
demonstration of good cause provided that:
(a) the permit has not been revoked or suspended at the time the application for
renewal is made; and
(b) the relevant information in the application is current.
(4) Any Enforcement Officer, upon showing of proper credentials and in the
discharge of his duties pursuant to this Chapter, may enter upon any building
structure, or premises at any reasonable hour for the purposes of enforcing this
Chapter, and no person shall interfere with or prevent such entry.
§ 85-6: FIRE PREVENTION BUREAU.
(A) The Town Board hereby confirms the creation of a Bureau of Fire Prevention, hereinafter
referred to as the "Bureau", originally created on May 9, 1983 to assist in the
implementation and administration of the Uniform Code and the Energy Code within the
Town of Wappinger. The Bureau shall consist of eight (8) members. Two (2) members
from each of the Fire Districts in the Town of Wappinger plus the Town Director of Code
Enforcement, or his designee, and the Town Fire Inspector, or his designee. The members
from each of the Fire Districts shall be active firefighters who shall be designated by their
respective District Board of Fire Commissioners and approved by the Town Board of the
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Town of Wappinger. The term of office of each Fire District member shall be two (2)
years. Any vacancy shall be filled for the balance of the term.
(B) Duties and Powers of the Bureau and/or Fire Inspector.
(1) The Bureau of Fire Prevention shall recommend, and the Fire Inspector shall
designate any areas of, on or near any interior street, roadway or driveway in
which any obstruction due to the parking or placing therein of any automobile,
truck, motor vehicle or any other physical object or material will cause
interference with the ingress and egress of fire -fighting equipment, or which will
create a condition dangerous to life or property in the event of fire. Such areas
shall thereupon be marked with standard police signs and/or such other markings
deemed necessary and proper by the Bureau, indicating that said area is a
restricted fire zone. The parking of any automobile, truck, motor vehicle or any
other physical object or material within any such restricted fire zone is hereby
expressly prohibited. Said signs and markings shall be installed by and at the
expense of the owner of the property, and upon his failure to do so, he shall be
guilty of a violation of this Local Law and shall be subject to the enforcement
provisions thereof.
(2) Notwithstanding and not in limitation of any provision hereof, no automobile,
truck or other motor vehicle, and no physical object or material of any nature,
shall be parked, placed or permitted to remain for any length of time whatever
within fifteen (15) feet of any fire hydrant or standpipe located at, on or near any
interior street, roadway or driveway within any premises classified under the
zoning ordinance as multiple residence.
(3) The Town Board, in consultation with the Bureau, or the Bureau in its own
discretion, shall insure that inspection of all hydrants installed within the Town of
Wappinger, privately or publicly owned, and that all fire hydrants within the
Town shall be subject to periodic testing. All hydrants shall be maintained in an
operable condition and shall meet minimum ISO fire flow standards for
residences and they shall be clearly marked in all weather and kept accessible for
Fire Department use by the owners.
(4) The following shall be subject to review and approval by the Bureau when not in
conflict with applicable New York State, Dutchess County or Town of Wappinger
law:
(a) the minimum acceptable width of roads used as access or egress to
apartments, commercial or general business buildings or shopping area
complexes;
(b) hydrant locations in apartments, commercial or general business buildings or
shopping area complexes;
(c) access to the hydrants and availability of fire lanes to and adjacent to
apartments, commercial or general business buildings or shopping area
complexes;
(d) smoking in places of public assembly;
(e) allowable occupancy in places of public assembly.
(5) Except for one or two family residential construction, the Fire Inspector shall
issue written Confirmation of Compliance with the Uniform Code and local
Codes pertaining to fire prevention, before issuance of a Building Permit.
(C) Compliance Required.
(1) A person owning, operating, occupying or maintaining property or premises
subject to the provisions of the Uniform Code or the Energy Code or this Chapter
shall comply with the provisions thereof, this Chapter, and all orders, notices,
rules, regulations or determinations issued by an Enforcement Officer in
connection therewith.
(2) Whenever an Enforcement Officer determines that there has been a violation of
the Uniform Code, the Energy Code, or this Chapter, or any orders, notices, rules,
regulations or determinations issued by an Enforcement Officer in connection
therewith, he shall have the power to issue an Order to Remedy Violation to direct
the necessary work to remediate the condition(s) in violation of the Uniform Code
and/or the Energy Code, or other provisions of the Town Code relating to
property use and/or to issue Appearance Tickets for violations thereof pursuant to
§ 85-14 below.
(3) Appearance Tickets shall be served in accordance with CPL §150.40(2) or
CPLR §308. Orders to Remedy Violation shall be served by personal service, by
mailing by certified mail return receipt requested, or by posting a copy thereof in
a conspicuous place on the premises and by mailing a copy thereof to the
premises on the same day as posted, enclosed in a postage -paid wrapper
addressed to the person responsible.
(4) In the event that the owner, lessor, occupant or the agent of any of them shall fail,
neglect or refuse to remove, eliminate or abate the violation within the time
specified in the Order to Remedy Violation, the owner shall be subject to the
penalties prescribed in § 85-14 of this Chapter and in Section 122-20 (B).
(5) Whenever an Enforcement Officer determines that a violation exists which in
his/her opinion requires immediate action to abate an immediate hazard and
imminent danger to the health, safety, or welfare of the occupants of a building,
structure or site or of the general public, he/she may, without prior notice or
hearing, issue an Order citing the violation and directing such action be taken as is
necessary to immediately remove or abate the hazard or danger. Notwithstanding
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any of the provisions of this Chapter, Orders will be effective immediately upon
service as specified in paragraph (3) of this sub -section above and such person
must immediately comply with said Order.
(D) Liability.
(1) The Town of Wappinger assumes no responsibility or liability for the failure of
any Code Enforcement Officer to make any inspections otherwise required by this
Chapter.
(2) The Town of Wappinger assumes no responsibility or liability of its agents,
servants or employees, including any Enforcement Officer, for any damages that
may occur as a result of an improper or negligent inspection or the issuance of
any permit issued pursuant to the provisions of this Chapter.
§ 85-7: FEES.
A fee schedule shall be established, and may be changed as determined, by the Town Board.
Fees may be charged for the issuance of Building Permits, operating permits, Certificates of
Occupancy and for Fire Safety Inspections. The fee schedule is set forth in Charter 122,
Article V, Section 122-16 of the Town Code.
§ 85-8: CERTIFICATE OF OCCUPANCY.
(A)Any building which is subject to the New York State Uniform Code and Energy Code
shall not be used or occupied, except to the extent authorized hereunder, until a
Certificate of Occupancy has been issued by the Enforcement Officer.
(B) No change shall be made in the nature of the occupancy of an existing building unless a
Certificate of Occupancy authorizing the change has been issued. The owner or his agent
shall apply for a Building Permit to ensure that a proper Certificate of Occupancy may be
issued.
(C) Whenever there is a change in occupant in a non-residential structure, or portion thereof,
the proposed new occupant, or his agent, must make application for and receive a
Building Permit and Certificate of Occupancy for such change in occupant.
(D) A Certificate of Occupancy may be issued only if the use, building or structure or a
designated portion of a building or structure is sufficiently complete and all required site
improvements have been made so that the premises may be safely used for which it is
intended, except as set forth in §85-9.
§ 85-9: ESCROW ACCOUNT FOR INCOMPLETE NONSTRUCTURAL
IMPROVEMENTS.
(A)A Certificate of Occupancy for any structure or use may be issued only upon full
compliance with the provisions of this Chapter and any other provisions of the Town
Code relating to property use.
(1) Notwithstanding the foregoing, in the case of a single-family residential structure
and/or accessory building, a Certificate of Occupancy may be issued if the
incomplete work is landscaping, ground stabilization, lawn seeding or blacktop
driveway apron improvements are non -safety related.
(2) In non-residential structures or site uses, a Certificate of Occupancy may be
issued if the only incomplete work is landscaping and weather conditions do not
permit the proper planting of vegetation. All other items to be completed,
including, but not limited to, paving, curbing, sidewalks, lighting, grading,
drainage or other improvements shall not be subject to escrow provisions. For the
purposes of this Section, "landscaping" shall mean seeding and shrubbery.
(B) In those cases where a Certificate of Occupancy has been issued pursuant to § 85-9(A)(1)
and (2) above, the owner, or the owner's agent shall establish an escrow account for the
purposes of ensuring that the incomplete work will be completed in a timely fashion and
the issuance of the Certificate of Occupancy will be conditioned on all of the following:
(1) The property owner, contractor or developer seeking the Certificate of Occupancy
must post a cash or certified check deposit with the Town of Wappinger to be
held in escrow, in an amount equal to 200% of the cost required to complete the
improvements necessary to obtain the Certificate of Occupancy. As used in this
subsection, the cost required to complete the improvements shall be the amount as
determined by the Superintendent of Highways and/or the Engineer to the Town.
(2) The escrow account described in paragraph (B)(1) above shall only be established
between the months of December 1 through April 1. All work required to obtain
the Certificate of Occupancy must be completed by June 1.
(3) The property owner, contractor or developer seeking the Certificate of Occupancy
must submit a written Agreement between the property owner, contractor or
developer and the Town providing for such incomplete work to be completed no
later than June 1" following the issuance of the Certificate of Occupancy. If the
incomplete work is not completed by June 1St' or at such earlier date as may be
specified by the Enforcement Officer, the Enforcement Officer may direct any
independent third -party contractor to complete the work and authorize payment to
the third party contractor from the escrow funds deposited to guarantee that said
work would be completed in a timely fashion. The Owner of the property and/or
the contract vendee must give written consent to permit any independent third
party contractor as well as the Town's Enforcement Officers to enter upon the
property for the purposes of completing the required work and undertaking the
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necessary inspections. The Owner and the contract vendee must further execute a
written document releasing the Town of Wappinger, or any of its Enforcement
Officers or other agents, from any claims or liability in connection with the work
to be performed by such independent third party contractor.
(C) If a Certificate of Occupancy has been issued pursuant to this Section and the required
improvements are not completed within the time frames described above, the property
owner shall be liable for civil penalties imposed pursuant to §85-14.
§ 85-10: INSPECTIONS.
(A) Inspections prior to or during construction:
(1) The work and/or the site for which a Building Permit has been issued hereunder
shall be inspected for approval prior to enclosing or covering any portion thereof
and upon completion of each stage of construction, including but not limited to,
building location, site preparation, excavation, foundation, framing,
superstructure, electrical, plumbing and heating and air conditioning. It shall be
the responsibility of the owner, applicant, or his agent to inform the inspector that
the work is ready for inspection and to schedule such inspection.
(2) Before issuing a Certificate of Occupancy, the Code Enforcement Officer shall
conduct such inspections as deemed necessary to ensure compliance with the
Uniform Code and Energy Code before issuing a Certificate of Occupancy.
(3) If an Enforcement Officer is unable to enter upon any property for the purposes of
making an inspection, the Enforcement Officer may apply for an order to any
court of competent jurisdiction to make an inspection.
(B) Fire Prevention and Safety Inspections.
(1) Multiple dwellings shall be inspected to determine compliance with the Uniform
Code at least once every twelve (12) months. Inspections of such buildings shall
include the common areas such as halls, foyers, staircases, etc. and vacant
dwelling units.
(2) Fire safety inspections of buildings or structures having areas of public assembly
as defined in Title 19 of the Official Compilation of Codes, Rules and Regulations
of the State of New York shall be performed at least once in every twelve (12)
months.
(3) All other buildings, uses and occupancies (except one or two family dwellings)
shall be inspected at least once every twelve (12) months.
(4) An inspection of a building or dwelling unit may also be performed at any other
time upon:
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(a) The request of the owner, authorized agent or tenant;
(b) Receipt of a signed written statement alleging the conditions or activities
failing to comply with the Uniform Code exists;
(c) Any other reasonable and reliable information indicating that such a violation
exists; or
(d) Damage to a building or structure resulting from fire, water damage or other
calamity.
(5) Such inspections shall be performed by the Enforcement Officers.
§ 85-11: DEPARTMENT RECORDS AND REPORTS.
(A) All Enforcement Officers shall keep permanent official records of all transactions and
activities conducted by him, including all applications received, plans approved, permits
and certificates issued, fees charges and collected, inspection reports, all rules and
regulations promulgated by him with the consent of the Town Board, and notices and
orders issued. All such records shall be public records open for public inspection during
normal business hours. All plans and records pertaining to buildings or structures, or
appurtenances thereto, shall be retained for at least the minimum time period so required
by State law and regulation.
(B) The Director of Code Enforcement shall annually submit to the Town Board a written
report and summary of all business conducted by the Building Department, including
approvals, permits and certificates issued, fees collected, orders and notices promulgated,
inspections and tests made, and appeals or litigation pending or concluded.
§ 85-12: STOP WORK ORDERS.
Whenever an Enforcement Officer has reason to believe that the work on any building or
structure is being performed in violation of the provisions of the applicable building laws,
ordinances, rules or regulations, or not in conformity with the provisions of an application, or in
an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent,
to suspend all work and suspend all building activities until the Stop Work Order has been
rescinded. Such Order and Notice shall be in writing, shall state the conditions pursuant to which
the work may be resumed and may be served upon a person owning, operating, occupying or
maintaining property or premises by delivering it personally to him/her, or by posting the same
upon a conspicuous portion of the building where the work is being performed and by sending a
copy of the same to the owner or operator of the property or premises by certified mail return
receipt requested at the address set forth in the application for the permission of the construction
of such building.
§ 85-13: POSTED BUILDINGS.
(A) The Enforcement Officers are hereby authorized to declare any building or structure
unsafe due to neglect, fire, catastrophe, weather related conditions, acts of God and to
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further declare that such building or structure is unsafe and unfit for human occupancy or
habitation.
(B) In addition to the remedies and provisions set forth in this Chapter, Enforcement Officials
are authorized by the Town Board to enforce the provisions of Chapter 93 of the Town
Code entitled "Unsafe Buildings."
(C) Upon a determination that a building is unsafe, the Enforcement Officer shall post the
building or structure and such posting shall prohibit use, habitation or occupancy by the
general public.
(D) The Enforcement Officer shall notify the Town Board and the property owner in
accordance with the provisions of Chapter 93 "Unsafe Buildings," and otherwise follow
the procedures set forth in Chapter 93.
(E) Whenever a building or structure is posted pursuant to Chapter 93 of the Town Code or
under the provisions of the Uniform Code, no person shall enter, use or occupy said
building or structure without written authorization from an Enforcement Officer.
§ 85-14: VIOLATIONS.
(A) A violation of this Chapter shall be deemed an offense punishable by:
(1) a fine as set forth in Chapter 122, Article V, Section 122-20 B of the Code for a
first offense;
(2) a fine as set forth in Chapter 122, Article V, Section 122-20 B of the Code or a
period of imprisonment not to exceed 15 days for a second offense;
(3) a fine as set forth in Chapter 122, Article V, Section 122-20 B of the Code or a
period of imprisonment of not less than 30 days and not exceeding 6 months for a
third and any subsequent offense.
(B) Upon determination that a violation of the Uniform Code, Energy Code or this Local Law
exists in, on or about any site, building or premises, an Enforcement Officer shall issue an
Order to Remedy Violation or Appearance Ticket identifying the specific provisions of
the Uniform Code and/or Energy Code which the particular condition violates. Said
Order shall provide that violations must be corrected or remedied within a time specified
as may be reasonably necessary to for achieving compliance before proceedings to
compel compliance shall be instituted.
(C) It shall be unlawful for any person, firm or corporation to construct, alter, repair, move,
demolish, improve, relocate, equip, use, occupy or maintain any site, building or structure
or a portion thereof in violation of any provisions of this Local Law, or the New York
State Uniform Fire Prevention and Building Code or the New York State Energy
Conservation Construction Code or any other provision of the Town Code or to fail in
any manner to comply with the notice, directive or order of a Code Enforcement Officer
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or to construct, alter, repair, move, demolish, improve, relocate, equip, use, occupy or
maintain any site, building or structure of portion thereof in a manner not permitted or
authorized by an improved Building Permit or Certificate of Occupancy.
(D)Any person, firm or corporation that shall fail to comply with a written order of an
Enforcement Officer, within the time for compliance therewith, and any owner, builder,
tenant, architect, contractor, subcontractor, construction manager or their agents and/or
employees, or any other persons taking part or assisting in the construction use of any
site, building or structure which shall violate any of the applicable provisions of this
Local Law or of any lawful order, notice, directive, permit or Certificate of an
Enforcement Officer made thereunder, shall be punishable by a fine of not more than
$1,000.00 or by imprisonment for not more than fifteen (15) days or by both such fine
and imprisonment. Each day that a violation continues shall be deemed a separate
offense.
(E) In addition to those penalties prescribed by State Law or any code, rule or regulation of
the State of New York or any municipal authority having jurisdiction of the premises, any
person, firm or corporation who violates the Uniform Code, Energy Code or any rule or
regulation of this Local Law, or the terms and conditions of any Certificate of Occupancy
issued by an Enforcement Officer shall be liable for a civil penalty of not more than Five
Hundred Dollars ($500.00). The civil penalties provided by this subsection shall be
recoverable in an action instituted in the name of the Town of Wappinger by a Code
Enforcement Officer, or by the Town Board on its own initiative.
(F) Alternatively or in addition to an action to recover the civil penalties provided by
subsection (E), the Town Board may institute any appropriate action or proceeding to
prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of
the Uniform Code and/or Energy Code or the terms or conditions of any Certificate of
Occupancy issued by the Enforcement Officer.
Section -III: Chapter 122, Article V: SCHEDULE OF FINES.
"Section 122-20 (B) is hereby amended to read as follows:"
B) Chapter 85, Uniform and Energy Codes.
(1) Section 85-14 (A) (i) fine:
(a) Minimum: $ 150.00
(b) Maximum: $1,000.00
(2) Section 85-14 (A)(ii), fine:
(a) Minimum: $ 150.00
(b) Maximum: $1,000.00
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(3) Section 85-14 (A)(iii), fine:
(a) Minimum: $ 150.00
(b) Maximum: $1,500.00
Section -IV: Prior Local Laws and Ordinances Repealed.
This Local Law is intended to repeal the Town of Wappinger Ordinance for
Administering and Enforcing the State Building Construction Code originally adopted on March
15, 1978 and amended from time to time thereafter. In addition, this Local Law is intended to
supersede Local Law No. 3 of 1983 providing for the Administration and Enforcement of the
New York State Fire Prevention Code, now incorporated into the Town Code as Article 24.
Section -V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local
Law would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section -VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
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